Law 1618, 2013 guarantees the recognition of the rights of persons with disabilities, including affirmative actions to eliminate all forms of discrimination in accordance with 1346, 2009 Law.
This provision ensures the following: recognition of the rights of children with disabilities; accompanying families; the right to habilitation and rehabilitation; to health; to education; to social protection; to work; access and accessibility; transport; housing; culture; access to justice; among others.
On the other hand, whenever a person has suffered or is medically considered to be disabled, a reinforced legal protection will apply in accordance with International Law of Human Rights, and Law 361 of 1997. In the other hand, Colombian legal system also holds special concern for individuals under vulnerable conditions and orders to adopt protection measures .
The Constitutional Court has referred to this subject in several opportunities, providing recognition to the strengthened stability, by protecting discriminated people against acts and omission of the State or individuals .
Law 361 of 1997 establishes that a person’s disability will not be a reason for dismissal, and in the event of the termination of the employment agreement without the permission of the labor authority, the employee will be entitled to a special legal indemnity equal to 180 days of salary. This law also establishes that disability cannot be an obstacle to hire employees.
The affiliation to the labor risks subsystem covers the employees against the following risks: (i) work accidents, and (ii) professional illness. However, according to Article 216 of the Labor Code, employers will be responsible for damages derived from work accidents or illnesses caused by the employer’s fault. In other words, employers are obligated by law to compensate their employees if the work accident or professional illness was caused by their negligence and recklessness.
Additionally in Colombia, the employees can file complaints at the Labor authority when the employer has breached its obligations and has omitted to guarantee a safe working environmental, and have not had proper protection according to their disability status.